Man arrested for charging cellphone in public park

Tuesday

Nov 13, 2012 at 2:51 PM

Sarasota Police Chief Mikel Hollaway says he wishes things would have been handled differently Sunday night in Gillespie Park, when one of his sergeants arrested a homeless man for charging his cellphone in a picnic pavilion.

Lee WilliamsSARASOTA HERALD-TRIBUNE

SARASOTA -- Sarasota Police Chief Mikel Hollaway says he wishes things would have been handled differently Sunday night in Gillespie Park, when one of his sergeants arrested a homeless man for charging his cellphone in a picnic pavilion.

Darren Kersey, 28, was charged with theft of utilities after Sarasota Police Sgt. Anthony Frangioni spotted him charging his phone Sunday. A judge threw out the case.

“I wasn't there but I can tell you this: I would have preferred that the officer write the individual a summons,” Hollaway said Tuesday morning. “I don't want a physical arrest for something like this.”

Hollaway said the arrest -- which is receiving national attention -- will be reviewed by his command staff, but it is unlikely that the 14-year veteran sergeant who made the arrest, Anthony Frangioni, will be disciplined.

The chief would not address the propriety of the charges, and for most of Monday other homeless people were charging a variety of electronic devices in the park, including cellphones and an electric wheelchair.

Hollaway said his staff is merely reacting to complaints from the residents who live nearby.

“They are constantly complaining about the homeless who sleep in the park, trash it up and vandalize it,” he said. “I know people think we're being tough, but we are not.”

Darren Kersey, 28, was charged with theft of utilities after Frangioni spotted him charging his phone about 9:20 p.m. Sunday. Unable to come up with the $500 bail for the misdemeanor, Kersey had no choice but to stay in jail. He was released Monday morning after a circuit judge found the arrest lacked probable cause.

In a scathing letter sent Tuesday to City Manager Thomas Barwin, the Sarasota Chapter of the American Civil Liberties Union said Kersey's arrest “made it abundantly clear that the Sarasota Police Department is trampling the Constitutional rights of individuals who are homeless.”

The ACLU called the arrest “a gross abuse of law enforcement authority,” and a “black eye for the City of Sarasota and its much maligned policing woes.”

The letter, which was signed by Michael Barfield, who chairs the ACLU's legal panel, says police are now “openly arresting homeless individuals without probable cause just because they can.”

“Tom, the honeymoon is over. You were selected to be the City Manager. The police department reports directly to you,” the letter states. “The Sarasota Chapter of the ACLU insists that you take responsibility and gain control over the police department.”

Barwin did not respond to calls or emails seeking comment.

Arrested man says he lost his job

Sitting on a park bench, Kersey said Tuesday he believes his arrest was retaliatory because he took a photo of Frangioni as he was arresting another homeless man for smoking a cigarette in the park.

“I walked over to his car and took a picture of his license plate. He got angry and took me to jail,” Kersey said. “We have rights. This is a public park.”

Born and raised in Bradenton, Kersey said he was hired as a laborer at a flower shop just days before he was arrested. He was fired Monday when he did not show up for work because he was in jail.

“I'm pissed I lost my job,” he said. “I've got an 8-week-old daughter who lives with her mother in Bradenton. I can't support her.”

Pointing to a homeless man sitting on a park bench nearby, Kersey said, “He's here every day. He lives here, and he picks up trash and helps keep the park clean, but if he closes his eyes as he's sitting there they'll arrest him for sleeping in the park.”

Kersey and other homeless people, who were having breakfast together in the pavilion Tuesday, said they become scared whenever they see a police car.

“I feel violated by this,” Kersey said. “We were nice. We didn't cuss the officer, but both of us went to jail.”

Not all the police who patrol the quiet park are viewed with disdain.

When officer David Dubendorf rode into the pavilion on his bicycle, he greeted many by name, inquired about others and created no alarm.

“He's OK,” Kersey said. “He doesn't harass us or mess with us.”

Dubendorf said he has never arrested anyone for charging their phones in the park.